The Federal Supreme Court has accepted the appeal of a Swiss former fighter for the Islamic State held in Syria. The Swiss foreign ministry must now consider the 30-year-old’s request for repatriation. In December 2023, the detainee’s lawyer lodged an appeal with the Federal Administrative Court, arguing that the foreign ministry had not issued an objectionable decision in response to the repatriation request. However, the court did not take up the matter. The Federal Court has now overturned the decision. In its view, the 30-year-old had an interest worthy of protection in issuing the request due to the precarious nature of the detention. The case now goes back to the foreign ministry. The Federal Court explains that the department must take into account the current situation in Syria, “which requires, if necessary, a new assessment of the danger to life and physical integrity invoked by the applicant”. In exceptional cases, such danger may justify the right to consular protection.
